Experts: Let shooting probe take its course

By Michelle Mondo, San Antonio Express-News

Updated 8:21 am, Sunday, December 15, 2013

Photo: SAN ANTONIO EXPRESS-NEWS

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Law enforcement and Bexar County Medical Examiner's personnel prepare to remove the body of a 23-year-old man that was shot to death after 2:00 a.m. by a University of the Incarnate Word police officer after a traffic stop that ended in the parking lot of the Treehouse Apartments at Broadway and Arcadia Place in Alamo Heights. Lt. Cindy Pruitt of the Alamo Heights Police Department said the man struggled with the officer after the stop and was shot. An investigation of the incident is ongoing. less

Law enforcement and Bexar County Medical Examiner's personnel prepare to remove the body of a 23-year-old man that was shot to death after 2:00 a.m. by a University of the Incarnate Word police officer after a ... more

Photo: SAN ANTONIO EXPRESS-NEWS

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Valerie Redus (middle), mother of Robert Cameron Redus is hugged by Emily Vaughan, a friend of the family as people gather at the University of the Incarnate Word grotto as part of the vigil for Cameron. Cameron Redus was a student at UIW who was killed by a university police officer. less

Valerie Redus (middle), mother of Robert Cameron Redus is hugged by Emily Vaughan, a friend of the family as people gather at the University of the Incarnate Word grotto as part of the vigil for Cameron. ... more

Photo: For The SAN ANTONIO EXPRESS-NEWS

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Robert Cameron Redus, left, is seen in a 2011 photo posted on his Facebook page. Redus was shot and killed Friday Dec. 6, 2013 by a University of Incarnate Word police officer. The UIW officer was placed on administrative leave while authorities investigate the shooting. less

Robert Cameron Redus, left, is seen in a 2011 photo posted on his Facebook page. Redus was shot and killed Friday Dec. 6, 2013 by a University of Incarnate Word police officer. The UIW officer was placed on ... more

Photo: COURTESY

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Alamo Heights Police Chief Richard Pruitt answers questions from the media, Monday Dec. 9, 2013, at press conference on the University of the Incarnate Word student shot to death by a campus officer Friday.

Alamo Heights Police Chief Richard Pruitt answers questions from the media, Monday Dec. 9, 2013, at press conference on the University of the Incarnate Word student shot to death by a campus officer Friday.

Photo: San Antonio Express-News

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Alamo Heights Police Lt. Cindy Pruitt reads a statement to the media Friday December 6, 2013 about a fatal shooting incident involving a University of Incarnate Word police officer that took place in Alamo Heights on the 100 block of Grandview. The fatal shooting took place about 2:00 a.m. Friday December 6, 2013 at the Treehouse Apartments after a traffic stop. The deceased suspect driver has been identified as Robert Cameron Redus, a 23-year-old University of the Incarnate Word student. The press conference took place at Alamo Heights city offices at 1248 Austin Highway. less

Alamo Heights Police Lt. Cindy Pruitt reads a statement to the media Friday December 6, 2013 about a fatal shooting incident involving a University of Incarnate Word police officer that took place in Alamo ... more

Photo: SAN ANTONIO EXPRESS-NEWS

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University of the Incarnate Word students Miriam Thomas, 20, (left) and Jonathan Guajardo, 22, answer questions from the media, Monday Dec. 9, 2013, after a press conference on the shooting death, by a campus officer Friday, of their friend Robert Cameron Redus, 23,. less

University of the Incarnate Word students Miriam Thomas, 20, (left) and Jonathan Guajardo, 22, answer questions from the media, Monday Dec. 9, 2013, after a press conference on the shooting death, by a campus ... more

Photo: San Antonio Express-News

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This was the scene at the Treehouse Apartments at Broadway and Arcadia Place in Alamo Heights in the wake of the fatal shooting Dec. 6.

This was the scene at the Treehouse Apartments at Broadway and Arcadia Place in Alamo Heights in the wake of the fatal shooting Dec. 6.

Photo: JOHN DAVENPORT, SAN ANTONIO EXPRESS-NEWS

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Miriam Thomas (left) tries to light Megan Gaitan's candle during a vigil for Robert Cameron Redus.

Miriam Thomas (left) tries to light Megan Gaitan's candle during a vigil for Robert Cameron Redus.

Photo: CYNTHIA ESPARZA, FOR THE SAN ANTONIO EXPRESS-NEWS

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Law enforcement officers investigate a crime scene where a 23-year-old man that was shot to death after 2:00 a.m. by a University of the Incarnate Word police officer after a traffic stop that ended in the parking lot of the Treehouse Apartments at Broadway and Arcadia Place in Alamo Heights. Lt. Cindy Pruitt of the Alamo Heights Police Department said the man struggled with the officer after the stop and was shot. An investigation of the incident is ongoing. less

Law enforcement officers investigate a crime scene where a 23-year-old man that was shot to death after 2:00 a.m. by a University of the Incarnate Word police officer after a traffic stop that ended in the ... more

Photo: JOHN DAVENPORT, SAN ANTONIO EXPRESS-NEWS

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A vigil is held Dec. 7, 2013 inside the Academic Convocation Center for Robert Cameron Redus who was a University of the Incarnate Word student shot and killed by an university police officer. Many in attendance either wore green clothing or a green ribbon as it was his favorite color. less

A vigil is held Dec. 7, 2013 inside the Academic Convocation Center for Robert Cameron Redus who was a University of the Incarnate Word student shot and killed by an university police officer. Many in ... more

Photo: CYNTHIA ESPARZA, FOR THE SAN ANTONIO EXPRESS-NEWS

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Mickey and Valerie Redus look at a photograph of their son Robert Cameron Redus at their home in Baytown. The UIW student's brother Everett took the photo in Bariloche, Argentina.

Mickey and Valerie Redus look at a photograph of their son Robert Cameron Redus at their home in Baytown. The UIW student's brother Everett took the photo in Bariloche, Argentina.

Photo: Albert Villegas / Baytown Sun

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Derrick Bryant (middle), a close friend of Cameron Redus, hugs other friends and family members of Cameron's as they come to a vigil Dec. 7, 2013 for Redus who was a University of the Incarnate Word student shot and killed by an university police officer. Many in attendance either wore green clothing or a green ribbon as it was his favorite color. less

Derrick Bryant (middle), a close friend of Cameron Redus, hugs other friends and family members of Cameron's as they come to a vigil Dec. 7, 2013 for Redus who was a University of the Incarnate Word student ... more

Photo: CYNTHIA ESPARZA, FOR THE SAN ANTONIO EXPRESS-NEWS

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A vigil is held Dec. 7, 2013 for Robert Cameron Redus who was a University of the Incarnate Word student shot and killed by an university police officer. The vigil began at the UIW Academic Convocation Center and then finished at the grotto. Many in attendance either wore green clothing or a green ribbon as it was his favorite color. less

A vigil is held Dec. 7, 2013 for Robert Cameron Redus who was a University of the Incarnate Word student shot and killed by an university police officer. The vigil began at the UIW Academic Convocation Center ... more

It's no surprise the shooting spurred questions about whether the force was justified, law enforcement policy experts said. But they stressed the need for patience.

“I think everyone should just allow the facts to become more clear,” said Florida State University Police Chief David Perry, president-elect of the International Association of Campus Law Enforcement Administrators. “The totality of the situation has to be taken into account. That officer has state training and he has to articulate why he took the steps he did.”

Carter was on duty Dec. 6 when, about 2 a.m., he spotted a motorist driving erratically and speeding, according to officials and statements released by the university.

He turned on his UIW patrol pickup emergency lights and tried to pull over Redus. He also called the UIW office and asked Alamo Heights be called for assistance, investigators said.

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He followed Redus to the parking lot of the Treehouse Apartments in Alamo Heights and was waiting for backup when Redus got out of the SUV, Alamo Heights police Chief Richard Pruitt said at a Monday news conference.

Carter told police Redus put his hands on his SUV as requested but began to resist when Carter tried to handcuff him.

A struggle ensued and Redus was able to take away Carter's baton and strike him several times before Carter got the baton back, Pruitt said evidence showed.

Redus broke free and began to walk away, which is when Carter warned him to stop or he would shoot, Carter told authorities.

Carter said Redus began charging him with his hand raised. Carter fired his gun six times, hitting Redus with five bullets.

UIW officers are given a baton, pepper spray and a gun, but Alamo Heights police said Carter didn't have pepper spray on him when the shooting occurred.

A UIW spokeswoman said she did not know why Carter wasn't carrying pepper spray.

For family and friends of Redus, the end to his life has been impossible to reconcile with the honor student they knew.

The family members said in a written statement that they do not believe Carter's account and thought his actions would be deemed excessive.

Carter's lawyer said his client would not be commenting.

UIW policies withheld

Several key elements to consider in use-of-force cases include whether the suspect has the ability to cause death or serious injury and whether that person has the opportunity to cause such harm, experts said. Also important, does the officer reasonably believe there is imminent jeopardy of being seriously harmed or killed?

“If it's nondeadly resistance like pulling away or running away, then he can only use nondeadly force, like a Taser or baton,” law enforcement policy expert Charles “Chuck” Drago said. “But if the student did get the baton, the response — deadly force — could be reasonable. If he has the baton but is 30 feet away he can't really hurt you; so deadly force wouldn't be appropriate.”

UIW officers, who are state-certified and commissioned peace officers, are governed by both the Texas Education Code and Code of Criminal Justice. They have a duty to protect and serve just like any other officer, said First Assistant District Attorney Cliff Herberg of the Bexar County district attorney's office.

If Carter saw a driver he thought may be intoxicated, he made the right decision in intervening, Herberg said.

“I think that if the public found out that an officer failed to stop a driver who was drunk and that person killed someone, the public would be furious,” he said.

Herberg also noted officers have the same right to self-defense as anyone else. They aren't required to fight to the point of exhaustion, waiting to see if a suspect will take their weapon, he said.

“If they are in fear of their life and acting reasonably in those circumstances, the grand jury will likely clear them,” Herberg said.

That doesn't change the difficulty of the situation, he said, pointing out that what is reasonable often is subjective.

However, there also is the training that helps determine how to react to these various situations to make sure deadly force is the last option, Herberg and other experts said.

A spokeswoman cited the Texas Public Information Act, which shields private university police departments from releasing the type of information that would be public for taxpayer-funded agencies.

UIW did say its officers are trained to state standards. But it wasn't known whether officials document use of force, review use-of-force incidents on an annual basis and have department specific training, all of which are considered best practices, said Perry, the campus security expert.

Former Police Chief Drago said it was “a shame” that UIW has not released the policies or procedures for the campus Police Department.

“There are legitimate questions, and the university should be more than anxious in dispelling any kind of question and alarm that the public might have,” he said.

State of mind key

UTSA Criminal Justice Professor Michael Gilbert said the encounter could become a training tool or influence future policy. He said that even if the force is deemed justified, there could be an issue of whether it was excessive given the fact the officer fired so many times.

Gilbert said it made sense to him Carter would try to stop someone he thought might be driving under the influence, and the calls to Alamo Heights police showed he could hand off the case to its officers.

For example, if UTSA police see a traffic crash or another incident as they drive from the downtown campus to the Loop 1604 campus, they can stop and help or pull someone over but usually notify San Antonio police.

UTSA also posts the use-of-force policy that's used throughout the UT System. The matrix of when lethal force can be used falls in line with the procedures used by San Antonio police.

The SAPD policy recommends using an “intermediate weapon” for an “imminent assault/bodily injury” and only allows lethal force to be used when serious bodily injury or death is feared.

Herberg said the state of mind of the officer at the time of the shooting is key because even if facts are revealed later — including evidence that the suspect was unarmed — it's what the officer thought at the moment he pulled the trigger that is considered.

All law enforcement policy experts agreed that this is where training could make a difference.

In the end, the law may not be satisfying to everyone involved.

“There's a difference between what he's allowed to do and whether he made the best decision,” Drago added. “For some reason, he felt he couldn't wait for backup. If the student resisted, that would be within his rights to overcome that resistance.”